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The Ship Go Star v. Daebo International Shipping Co Ltd

Case No. P46/2013
Case information

Lower Court Judgment

7/11/2012 Federal Court of Australia (Keane CJ, Rares J, Besanko J)

[2012] FCAFC 156

Catchwords

Admiralty law – Choice of law – Tort – Proper lex loci delicti in action in rem against ship and action in personam against owners for inducing breach of contract – Trial judge found Chinese law applied and dismissed claim on basis that no such tort exists in China – Full Federal Court found Singaporean law applied – In absence of evidence as to Singaporean law applied Australian law and found tortious interference – Whether the proper lex loci delicti is the place of the inducement or the place of the breach.

Short Particulars

Documents

11/09/2013 Hearing (SLA, Perth)

24/09/2013 Notice of appeal

16/10/2013 Written submissions (Appellant)

16/10/2013 Chronology (Appellant)

06/11/2013 Written submissions (Respondent)

06/11/2013 Chronology (Respondent)

20/11/2013 Reply

26/11/2013 Hearing (Full Court, Canberra)(Audio-visual recording) (Special leave revoked)